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HomeMy WebLinkAboutL- 5 License Agreement for Larry D. Sutton RVPUB\NGS\602451 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-1295 Attention: City Clerk EXEMPT FROM FILING FEES GOVERNMENT CODE '27383 (Space above for Recorder's Use) LICENSE AGREEMENT Between THE CITY OF AZUSA A California municipal corporation And Larry D. Sutton As Property Owner 1 RVPUB\NGS\602451 LICENSE AGREEMENT 1. Parties and Date. This License Agreement ("Agreement") is entered into as of this _____ day of ___________________, 2003, by and between the City of Azusa, a California municipal corporation (hereinafter referred to as "City") and Larry D. Sutton, owner of the real property located at 145 S. Ranburn Avenue, Azusa, California (hereinafter referred to as "Licensor"). Both City and Licensor are sometimes referred to collectively in this Agreement as the "Parties." 2. Recitals. 2.1 Licensor is the owner of certain real property situated in the City of Azusa, California, as is more specifically depicted in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Licensor=s Property"). 2.2 Licensor's Property has been identified as a site for fencing improvements and directional signage to aid motorists exiting the E/B 210 Freeway onto Citrus Avenue, which are to be provided through the City's Neighborhood Improvement Program. One of the objectives of the Neighborhood Improvement Program is to provide beautification and aesthetic improvements to neighborhoods within the City of Azusa. 2.3 To achieve the Neighborhood Improvement Program objectives on Licensor's Property, the City desires to remove an existing metal chain-link fence and dilapidated wood fence and construct a new block wall and install city informational and directional signage, with specific design and dimensions as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference ("Description of Block Wall and Signage"). 2.4 Although the Neighborhood Improvement Program improvements to Licensor's Property will occur on private property, the aesthetic improvements and directional signage will benefit the entire neighborhood and the aesthetic quality of visitor to the City of Azusa. 2.5 This License Agreement is made in consideration of the mutual covenants contained herein. 3. Terms. 3.1 License. Licensor hereby grants the City a license in, on, across and over that portion of the Licensor=s Property generally described in Exhibit "C" attached hereto and incorporated herein by reference (hereinafter referred to as the "Description of Improvement Area") for the purpose of constructing, installing and maintaining a block wall and signage, subject to the terms and 2 RVPUB\NGS\602451 covenants hereinafter set forth. City shall have the right to enter upon and cross over the Licensor=s Property for the purpose of constructing, installing and maintaining the block wall and signage at the Neighborhood Improvement Program location. Nothing herein shall be deemed or construed to be a limitation upon Licensor=s right to use its property in any manner it deems acceptable, provided that those uses do not unreasonably interfere with City's use as outlined herein. 3.2 Private Property. Nothing contained herein shall be deemed to be an acceptance of ownership or control of all or any portion of the Licensor=s Property for any reason whatsoever, including but not limited to, liability or maintenance of the Licensor=s Property. Nothing contained herein shall be deemed to grant City any possessor interest whatsoever in the Licensor=s Property. 3.3 Damage. City and its officers, employees, contractors, subcontractors and agents shall not damage the Licensor=s Property or commit waste thereon. Licensor shall not damage or in any way deface the block wall and/or signage placed on its property pursuant to this License Agreement, and shall endeavor to prevent others from doing the same. 3.4 Insurance. City shall obtain and keep in full force and effect at all times that it is occupying or using the Licensor=s Property either 1) a comprehensive public liability and property damage insurance policy from an insurance association authorized to do business in California with a policy limit of not less than One Million Dollars ($1,000,000) per occurrence, or 2) self-insurance which provides the same level of coverage. If the City or its elected or appointed officials, agents, employees or contractors are the cause of any insurance claim, then said insurance policy shall be primary to any policy or coverage maintained by the Licensor. City shall also at all times carry adequate workers= compensation insurance to the full requirements of the State of California for its employees. 3.5 Indemnification. Licensor and the City shall mutually indemnify, defend and hold each other and their officials, officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney=s fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to each other=s own negligent acts, omissions or willful misconduct arising out of or incident to this License Agreement. 3.6 Amendment. The terms and conditions of this License may be altered, changed or amended only by written agreement of the Parties hereto. 3.7 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. 3 RVPUB\NGS\602451 City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-1295 Attn: City Manager Licensor: Larry D. Sutton 145 S. Ranburn Ave. Azusa, CA 91702 3.8 Successors and Assigns. This License Agreement shall be binding on the successors and assigns of the Parties. 3.9 Recordation. City shall cause this License Agreement to be recorded with the Los Angeles County Recorders Office. 3.10 Covenant Running With the Land. The Parties intend that the license described herein constitutes a covenant running with the Licensor=s Property for the benefit of the Licensor=s Property. 3.11 Entire Agreement. This License Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this License Agreement shall not void or affect the validity of any other provision. 3.12 Term. This License Agreement shall commence on the date first written above and shall remain in effect for a period of 20 years (An Initial Term). At the end of the Initial Term, this License Agreement shall automatically renew for successive one (1) year terms (Additional Term). This License Agreement may be terminated by either party upon ninety (90) days advance written notice before the end of the Initial Term or the Additional Term, whichever applies. The indemnification provisions of this License Agreement shall survive its termination in perpetuity. In the event that this License Agreement is terminated, the Parties agree to provide the City at least ninety (90) days to remove the block wall and signage from the Neighborhood Improvement Program location. [SIGNATURES ON NEXT PAGE] 4 RVPUB\NGS\602451 IN WITNESS WHEREOF, this License Agreement has been executed by the Parties on the day and year first above written. CITY OF AZUSA PROPERTY OWNER _____________________________ _____________________________ Rick Cole, City Manager Larry D. Sutton Attest: _____________________________ Vera Mendoza, City Clerk 5 RVPUB\NGS\602451 STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } On ________________________, before me, the undersigned notary public, personally appeared ___________________________________________, ∼ personally known to me OR ∼ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which he person acted, executed the instrument. WITNESS my hand and official seal. _________________________________________________________________ Signature of Notary (SEAL) CAPACITY CLAIMED BY SIGNER: ∼ Individual(s) ∼ Corporate______________________ Officer(s)______________________ ∼ Partner(s) ∼ Attorney-in-Fact ∼ Trustee(s) ∼ Subscribing Witness ∼ Guardian/Conservator : Other CITY MANAGER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CITY OF AZUSA 6 RVPUB\NGS\602451 STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } On ________________________, before me, the undersigned notary public, personally appeared ___________________________________________, ∼ personally known to me OR ∼ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which he person acted, executed the instrument. WITNESS my hand and official seal. _________________________________________________________________ Signature of Notary (SEAL) CAPACITY CLAIMED BY SIGNER: : Individual(s) ∼ Corporate Officer(s)______________________ ∼ Partner(s) ∼ Attorney-in-Fact ∼ Trustee(s) ∼ Subscribing Witness ∼ Guardian/Conservator 9 Other __________________ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) A-1 RVPUB\NGS\602451 EXHIBIT "A" LEGAL DESCRIPTION OF LICENSOR=S PROPERTY THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF AZUSA AND IS DESCRIBED AS FOLLOWS: B-1 RVPUB\NGS\602451 EXHIBIT "B" DESCRIPTION OF BLOCK WALL AND SIGNAGE 1. Block wall shall be approximately six (6) feet in height as measured from the finished grade of the parcel and commence at the North-West corner of the parcel, then be constructed a length of approximately 60 feet in the Southerly direction and terminate at the South-West corner of the parcel directly behind and adjacent to an existing concrete wall approximately 20 inches in height at the West side of the parcel. The wall shall utilize a combination of six (6) inch pink precision masonry block to closely proximate neighboring block walls, ten (10) inch tan colored block, and ten (10) inch tan mushroom capping. City shall be responsible for any and all maintenance of the block wall for the duration of the agreement. 2. City shall remove and haul away, at its expense, the existing wooden fence, and chain link fencing. 3. City shall remove, at its expense, any existing shrubbery, trees, or grasses where the new block wall will be installed. This includes the removal of the existing rubber plant. 4. Property owner agrees to allow City unimpeded access to the rear of the property from the front yard for purposes of construction, area preparation, inspection, and maintenance as needed. 5. Property owner agrees to allow lettering and/or signage, logo(s), and wall treatment on the new block wall facing Citrus Avenue identifying City and providing directional aids as it determines necessary, or authorizes only. Said lettering, signage, and logo(s) may be changed or altered by the City without further approvals of the Property Owner(s). 6. Property owner agrees not to affix any private signs to the block wall, or to plant any trees within ten (10) feet of the new block wall. C-1 RVPUB\NGS\602451 EXHIBIT AC@ DESCRIPTION OF IMPROVEMENT AREA The Westerly two (2) feet of lot 70 of Tract No. 17939 as recorded in Book 551, pages 14, 15, and 16 of Maps, of the office of the Los Angeles County Recorder.